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What is Trademark Licensing? Examples of trademark licensing include a sports team that licenses its logo to third-party merchandisers, a popular cartoon character used on clothing produced by third parties, or a soft drink company allowing a licensee to sell branded products.
How Do You Register a Service Mark? To register a service mark, an application needs to be filed with the United States Patent and Trademark Office (USPTO). Only when the application is approved can an individual utilize the registered trademark symbol.
Hiring California Trademark Attorneys Whether you register a trademark or a service mark is dependent on the nature of your business. If you produce a product, you're more likely to register a trademark, while if you provide a service, you're more likely to need a service mark registration.
An example of a licensing agreement in the restaurant space would be when a McDonald's franchisee has a licensing agreement with the McDonald's Corporation that lets them use the company's branding and marketing materials.
3. Trademark license agreement instructions Introduction of Parties. ... Recitals. ... Section 1: Grant of license. ... Section 2: No assignment or transfer. ... (Optional) Section 3: Territory. ... Section 4: Consideration. ... Section 5: Maintenance of records and audit rights. ... Section 6: Term.
The steps for making a license agreement are as follows: Download a template for a licensing agreement. Choose your role as the licensor or licensee. Define the license(s) in the agreement. Decide whether the license is exclusive or not. Settle the matter of fees and payment schedule. Add a renewal date and rules.
Your trademark license agreement should be written, include negotiated terms and provisions, and be signed by all parties. To be valid, your agreement must address and include each of the following provisions: Parties: identification of the licensor and licensee (full, legal names)
A service mark identifies and distinguishes the services of one party from those of another and indicates their source. 1. To obtain registration of a service mark under Section 1 of the Trademark Act, an applicant must submit a specimen showing the mark as used in commerce.